The mother of a 2-year-old, who was killed in an accident in Nu’uuli in 2021, tearfully told the court that she has forgiven the driver but she wanted justice for her daughter.
The mother was speaking at the sentencing hearing today of the driver, 40-year-old Xiujin Chen.
The 2-year-old and a sibling were in the front of their home in Nu’uuli, when the defendant’s vehicle crashed into their home. The vehicle ran over the children and they were pinned under for a while, before they could be pulled from the wreckage.
The sibling survived but the 2-year-old died later at the hospital.
The defendant, a Chinese citizen, speaking through a translator, apologized and said that she is sorry and regrets what happened. A pastor of the Assembly of God Church in Fagaima said, the defendant was a member of the Chinese congregation of their church. She has a child and is looking after her parents. The pastor said, he was there to ask the court for leniency for the defendant, though he understands the sentence is up to the judges.
Crying, the mother said that she has forgiven the defendant but wanted her “to pay” and she wanted justice for her daughter. She said, the defendant never apologized to her for what she did.
In sentencing, Acting Associate Justice Elvis Patea said that a child has been killed and her parents will no longer have her in their lives. He also acknowledged the mother’s plea to the court for the defendant to pay for what she has done. Patea said, this was a criminal case and the court will give a sentence like that of other cases where death has occurred.
He said, restitution is to cover expenses, rather than to compensate for the loss of life. And compensation is a matter for another court.
The defendant was sentenced to 12 months in jail and fined $1,000 for third degree assault, and 5 years and a $5,000 fine for homicide by vehicle. But the jail sentence is stayed and she’s placed on probation for five years, but must serve 20 months. Her jail sentences are to be served concurrently. At the end of her 20 months in jail, she is to leave the territory and not return for the remainder of her probation term. The defendant is not eligible for trustee status while in jail, and her driving privileges are permanently revoked.
